(UK law, small claims.)
This is a follow-on question to one I asked earlier.
A reply to my question stated:
You can only sue once on the same facts on the same defendant The issue here is res judicata - once a case between 2 parties has been resolved, that matter can never be litigated again. So Adam cannot split his litigation against Bill.
I would like clarification of the "same facts" part. What if the facts overlap, but have some different elements.
Adam wants to sell a valuable painting.
Bill promises to sell it for £120,000, and charge a fee of £10,000. But in fact he sells it for £95,000 and charges £20,000 for his work.
So, Adam wants to sue Bill to recover some of his loss. Deciding that a claim in the high court is too expensive, he wants to make two claims in the small claims court.
First case - a claim under tort law for negligence. Relies on the fact that the item was sold for less than its proper value. Cites facts A, B, C, D, E.
Second case - a claim under contract law. Relies on the fact that Bill overcharged for his services. Cites facts A,B, C, F, G.
Does the different causes of action, and the different but overlapping set of facts allow the splitting of the case?